Prosecution Insights
Last updated: October 02, 2026
Application No. 19/221,017

METHOD AND APPARATUS FOR CABAC-BASED ENTROPY CODING

Non-Final OA §DP
Filed
May 28, 2025
Priority
Jul 02, 2018 — provisional 62/692,887 +6 more
Examiner
BRANIFF, CHRISTOPHER
Art Unit
Tech Center
Assignee
LG Electronics Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
574 granted / 670 resolved
+25.7% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
12 currently pending
Career history
687
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
58.6%
+18.6% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 670 resolved cases

Office Action

§DP
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,348,722 in view of Li et al. (US 2017/0208336 A1, referred to herein as “Li”). Claim 1 of Instant Application 1. A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a context index for a split flag syntax element based on split availability information of a current block; determine a context model based on the derived context index; decode a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; derive a current coding unit from the current block based on the value of the split flag syntax element; derive a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generate a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Claim 1 of U.S. Patent No. 12,348,722 1. An image decoding method performed by a decoding apparatus, the method comprising: deriving a context index for a split flag syntax element based on split availability information of a current block; determining a context model based on the derived context index; decoding a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; deriving a current coding unit from the current block based on the value of the split flag syntax element; deriving a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generating a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Table 1. Regarding claim 1, the claim recites analogous limitations to claim 1 of U.S. Patent No. 12,348,722, as shown in Table 1. Claim 1 of U.S. Patent No. 12,348,722 does not explicitly disclose a memory and implementation via at least one processor connected to the memory. However, Li discloses a memory and implementation via at least one processor connected to the memory (Li: paragraphs [0188]-[0191], disclosing implementation via memory and associated processor). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the memory and processor implementation of Li with the decoding method and apparatus of claim 1 of U.S. Patent No. 12,348,722. One would have been motivated to modify claim 1 of U.S. Patent No. 12,348,722 in this manner in order to flexibly implement coding functions in hardware, software, firmware, or a combination thereof (Li: paragraph [0188]). Regarding claim 2, claim 2 of U.S. Patent 12,348,722 in view of Li discloses the same or similar limitations for the same reasons as discussed with claim 1, above. Regarding claim 3, claim 3 of U.S. Patent 12,348,722 in view of Li discloses the same or similar limitations for the same reasons as discussed with claim 1, above. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,003,726. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite the same or similar limitations as shown, for claim 1 as an example, in Table 2 below. Claim 1 of Instant Application 1. A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a context index for a split flag syntax element based on split availability information of a current block; determine a context model based on the derived context index; decode a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; derive a current coding unit from the current block based on the value of the split flag syntax element; derive a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generate a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Claim 1 of U.S. Patent No. 12,003,726 An image decoding apparatus for an image decoding, the image decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a context index for a split flag syntax element based on split availability information of a current block; determine a context model based on the derived context index; decode a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; derive a current coding unit from the current block based on the value of the split flag syntax element; derive a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generate a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on all of the BT horizontal split available flag information, the TT horizontal split available flag information, the BT vertical split available flag information, and the TT vertical split available flag information, wherein the BT horizontal split available flag information is different from the TT horizontal split available flag information, and wherein the BT vertical split available flag information is different from the TT vertical split available flag information. Table 2. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12,010,314. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite the same or similar limitations as shown, for claim 1 as an example, in Table 3 below. Claim 1 of Instant Application 1. A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a context index for a split flag syntax element based on split availability information of a current block; determine a context model based on the derived context index; decode a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; derive a current coding unit from the current block based on the value of the split flag syntax element; derive a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generate a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Claim 1 of U.S. Patent No. 12,010,314 A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a context index for a split flag syntax element based on split availability information of a current block; determine a context model based on the derived context index; decode a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; derive a current coding unit from the current block based on the value of the split flag syntax element; derive a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generate a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on the BT horizontal split available flag information, the TT horizontal split available flag information, the BT vertical split available flag information, and the TT vertical split available flag information, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Table 3. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,665,349 in view of Li. Claim 1 of Instant Application 1. A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a context index for a split flag syntax element based on split availability information of a current block; determine a context model based on the derived context index; decode a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; derive a current coding unit from the current block based on the value of the split flag syntax element; derive a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generate a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Claim 1 of U.S. Patent No. 11,665,349 A picture decoding method performed by a decoding apparatus, the method comprising: deriving a context index for a split flag syntax element based on split availability information of a current block; determining a context model based on the derived context index; decoding a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; deriving a current coding unit from the current block based on the value of the split flag syntax element; deriving a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generating a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on the BT horizontal split available flag information, the TT horizontal split available flag information, the BT vertical split available flag information, and the TT vertical split available flag information, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Table 4. Regarding claim 1, the claim recites analogous limitations to claim 1 of U.S. Patent No. 11,665,349, as shown in Table 4. Claim 1 of U.S. Patent No. 11,665,349 does not explicitly disclose a memory and implementation via at least one processor connected to the memory. However, Li discloses a memory and implementation via at least one processor connected to the memory (Li: paragraphs [0188]-[0191], disclosing implementation via memory and associated processor). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the memory and processor implementation of Li with the decoding method and apparatus of claim 1 of U.S. Patent No. 11,665,349. One would have been motivated to modify claim 1 of U.S. Patent No. 11,665,349 in this manner in order to flexibly implement coding functions in hardware, software, firmware, or a combination thereof (Li: paragraph [0188]). Regarding claim 2, claim 2 of U.S. Patent 11,665,349 in view of Li discloses the same or similar limitations for the same reasons as discussed with claim 1, above. Regarding claim 3, claim 3 of U.S. Patent 11,665,349 in view of Li discloses the same or similar limitations for the same reasons as discussed with claim 1, above. Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,330,267 in view of Li. Claim 1 of Instant Application 1. A decoding apparatus for an image decoding, the decoding apparatus comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: derive a context index for a split flag syntax element based on split availability information of a current block; determine a context model based on the derived context index; decode a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; derive a current coding unit from the current block based on the value of the split flag syntax element; derive a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generate a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on a first value and a second value, wherein the first value is derived based on a value of the BT horizontal split available flag information and a value of the TT horizontal split available flag information, and wherein the second value is derived based on a value of the BT vertical split available flag information and a value of the TT vertical split available flag information. Claim 1 of U.S. Patent No. 11,330,267 A picture decoding method performed by a decoding apparatus, the method comprising: deriving a context index for a split flag syntax element based on split availability information of a current block; determining a context model based on the derived context index; decoding a value of the split flag syntax element based on context-based adaptive binary arithmetic coding (CABAC) by using the determined context model; deriving a current coding unit from the current block based on the value of the split flag syntax element; deriving a predicted block based on inter-prediction or intra-prediction for the current coding unit; and generating a reconstructed block based on the predicted block, wherein the split flag syntax element comprises: a directional split flag representing whether the current block is to be vertically split, wherein the split availability information comprises: a binary tree (BT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a BT structure, a ternary tree (TT) horizontal split available flag information related to whether the current block is allowed to be horizontally split based on a TT structure, a BT vertical split available flag information related to whether the current block is allowed to be vertically split based on the BT structure, and a TT vertical split available flag information related to whether the current block is allowed to be vertically split based on the TT structure, wherein the context index for the directional split flag is derived based on all of the BT horizontal split available flag information, the TT horizontal split available flag information, the BT vertical split available flag information, and the TT vertical split available flag information, wherein the BT horizontal split available flag information is different from the TT horizontal split available flag information, and wherein the BT vertical split available flag information is different from the TT vertical split available flag information. Table 5. Regarding claim 1, the claim recites analogous limitations to claim 1 of U.S. Patent No. 11,330,267, as shown in Table 5. Claim 1 of U.S. Patent No. 11,330,267does not explicitly disclose a memory and implementation via at least one processor connected to the memory. However, Li discloses a memory and implementation via at least one processor connected to the memory (Li: paragraphs [0188]-[0191], disclosing implementation via memory and associated processor). At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the memory and processor implementation of Li with the decoding method and apparatus of claim 1 of U.S. Patent No. 11,330,267. One would have been motivated to modify claim 1 of U.S. Patent No. 11,330,267in this manner in order to flexibly implement coding functions in hardware, software, firmware, or a combination thereof (Li: paragraph [0188]). Regarding claim 2, claim 2 of U.S. Patent 11,330,267in view of Li discloses the same or similar limitations for the same reasons as discussed with claim 1, above. Regarding claim 3, claim 3 of U.S. Patent 11,330,267in view of Li discloses the same or similar limitations for the same reasons as discussed with claim 1, above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Braniff whose telephone number is (571) 270-5009. The examiner can normally be reached M-F 7AM to 4PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached at (571) 272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. CHRISTOPHER T. BRANIFF Primary Examiner Art Unit 2484 /CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484
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Prosecution Timeline

May 28, 2025
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §DP (current)

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